In this writ petition challenging the pendency of a maintenance application, the High Court directed the Family Court to dispose of the interlocutory application within four weeks and the main divorce petition within one year.
Family Court to dispose of maintenance application within four weeks; divorce petition disposed in one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR.JUSTICE G. NARENDAR WRIT PETITION NO.5259 OF 2021 (GM-FC)
BETWEEN:
SINNI JOSHI, AGED ABOUT 52 YEARS, W/O T B JOSHI, RESIDING AT NO.48 SINNI VILLA, 7TH BLOCK, 1ST A MAIN KORAMANGALA, BENGALURU - 560 034. ...PETITIONER
(BY SRI N GOWTHAM RAGHUNATH, ADVOCATE)
AND:
T.B.JOSHI, S/O LATE THOTTAPARAMBIL BALAKRISHNAN, 59 YEARS, R/AT NO.9 SUBH ENCLAVE, RESIDENTIAL LAYOUT, SITE OWNERS ASSOCIATION, HARALUR CROSS, SARJAPUR ROAD, BENGALURU - 560 102. …RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO DIRECT THE HON'BLE II ADDITIONAL FAMILY JUDGE BENGALURU TO DISPOSE OF THE M.C.NO.4017/2017 WITHIN 3 (THREE) MONTHS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING THROUGH VIDEO CONFERENCE:
ORDER
Heard the learned counsel Nishaka on behalf of the petitioner. It is submitted that the petitioner got married to the respondent in accordance with the Hindu Customs at Sree Dharma Sastha Temple, Oushashi Junction, Perumbavoor, Kerala, and the marriage was solemnized on 25.12.1989 and out of the marriage the petitioner and respondent were blessed with two children namely, Siddharth Joshi and Samyuktha Joshi.
divorce petition seeking dissolution of the marriage in M.C. No.4017/2017. That on 12.10.2017 the petitioner also made an application under Section 24 of the Hindu Marriage Act praying
for maintenance pending disposal of the main petition. That since the year 2017 despite the respondent having been served
3
he has been continuously avoiding hearing and disposal of the application. That nearly four years have passed by and the interlocutory application preferred by the petitioner in 2017 and registered as IA 4 is pending even as on today and that the respondent has not parted with a single payment towards the maintenance of the petitioner. That the non consideration of the same by the Court below is a gross dereliction of its duties. The respondent is served and not present. The pendency of the application for a period of four years is wholly unjustified. More so in the light of the fact that the hands of Family Court had not been tied by any order of stay, etc.,. In that view of the matter, the petitioner has made out a case for a direction to the Family Court to dispose of the application in an expeditious manner.
4
shall consider and dispose of the same within four weeks from the date of receipt of certified copy of this order.
Petition stands disposed of and ordered accordingly.
No order as to costs.
Sd/JUDGE
ykl
1 issue framed by the court
Whether to direct the Family Court to dispose of the pending maintenance application expeditiously and decree the main divorce petition within one year.
2 provisions across 2 enactments
SINNI JOSHI
T.B. JOSHI
G. NARENDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
